back to class at st. ignatius high school when nearly two-thirds of its 15,000 students-just 1500 students came down with a neural virus. >>pam: in the east bay, bar owners react to complaints that they are over serving customers. also, a new study has san jose police and firefighters scratching their heads. kron4 looks at the controversial recommendations to slash first responders from the city payroll.

>>pam: the weather is going to be changing. we are looking at sunny and dry conditions but that will change. jacqueline bennett is here to tell us what to expect. >>jaqueline: everything is moving in right as expected. take a look at storm tracker 4. light rain for the north bay. rain over the north bay but it is not really registering. let's take a look at the clouds and rain. we do not have rain hitting the ground so far. that will start shortly.

we have a weighted by sri in effect until tomorrow morning. the wind advisory is up and down the coastline. 20-30 mi. per hour winds with gusts up to 50. we will talk more about the wind coming up. >>pam: police and firefighter unions are outraged after results from a study suggests that both departments could run officially with more cuts.

>> it really is a risk to the community if these things are implemented. >> everyone knows we are at our lowest staffing levels in over two decades. >>pam: the mayor and city staff is expected to discuss the findings on wednesday. currently there are 1095 officers. >> san jose police and fire departments could save the city money if they are reorganized. that is according to a study that says 400 police jobs should be cut. >> we would not be able to have a detective bureau.

we would only have enough officers to handle on 11 calls and that is it. >> the department is already stretched thin. in 2011 there were 65 layoffs and 50 officers resigned. >> i cannot imagine this city and police and fire services and up to 200 fewer firefighters, i do not know how we would provide services at all. >> the firefighters' union president calls the data inaccurate and outdated. thought they could lose one- third of the 655 firefighters in the department if they followed the study that suggests replacing firefighters with paramedics in reducing the number of firefighters for engine. >> if we were to be like the surrounding city that has three-person engines, we would have to build 40 more stations to deliver the service. >>pam: when asked about the study's findings the mayor says the police department

is already too small and said the city could save 20 million if the fire department reduce the number of firefighters on the engines. this comes as police investigates the city's third homicide of the year. >>pam: and local high school is back open after a massive flu outbreak shut it down. nearly 1000 students at st. ignatius college prep came down with a neural virus. the fast-moving illness affected nearly two-thirds of the school's population. >> kids are back after being off for five days. school officials are now saying that 935 students were stricken with the

normal virus as well as 60 teachers and staff. will students were on monday with the illness. the department of public health investigated the unusually large outbreak in and say they believe they know how the virus spread so quickly. >> we have started to have vomiting episodes that contaminated services that-- contaminated surfaces touched by other students. some >> we use a bleach solution on everything. every surface. we deeply into the carpet, it was important to use that strength of a cleaning agent so that it would get the virus.

>>pam: there were two attended sexual assaults on the campus of stanford. a woman says a man entered her dorm room, climbed into her bed and tried to take off her clothes. the woman got out of bed and left the room. another woman says she was assaulted while walking back to her residence on campus. there is no word whether or not the two incidents were connected. for a brief period of time, same-sex couples did have the right to marry in california. in just 14 hours we will know whether other same-sex couples will have that right. 10:00 a.m. the ninth circuit court of appeals low rule whether the voters approved a ban on same-sex marriage

is legal or not. dan kerman has a preview of the upcoming ruling and what happens next. on tuesday a three judge panel could overturn a ruling that same-sex marriage was illegal. >> is there a right to be married whatever your sexual orientation is? if the people who are gay have the same right to be married as people who are not gay and can they marry members of the same sex is just as they could marry members of the opposite sex? it seems like there is very little rational justification to forbid people to get married to members of the same gender or six based solely on sexual orientation.

tuesday's ruling will make a difference as the case worked its way up the ladder. >> whether the next step is directed to the supreme court or stopped with a larger panel of the ninth circuit, legal experts expect a final decision but that will not come until the summer of 2013. >>pam: one of the two couples that initially brought the lawsuit to overturn the ban lives in

the east bay. >> we feel confident that the ruling will be upheld. and marriage of it is an affirmation of love. it is the term that our society honors and the term we are fighting for, certainly. >>pam: join us for more coverage tomorrow night. >>pam: we have much more ahead here on the news at 8:00 p.m.. >> police in the south they released a sketch of a man that they say was a ball and a hate crime.

>>gabe: the occupy movement has gotten attention in part because a citizen journalists is streaming live through the web. once kids amazing story into the cooled technology he is using. all that coming up in my tech report.

>>pam: construction on the approach to the golden gate bridge known as the oil drive may have hit a snag. the project is facing a multimillion-dollar budget shortfall. caltrans and the san francisco transportation authority need to find 60 million to keep work on schedule and under budget. the shortfall is the result of two problems. this state had promised 34 million in transportation funds but the money may not arrive by the june deadline. planners are counting on an additional 26 million to be

redirected from other projects but that plan failed to get congressional approval. no one has yet figured out a way to cover the $26 million gap. if the money is not found by june, the $1.1 million project could be delayed into the price tag could get even higher.

>> the work will be done sometime in 2015. >> rain is approaching. it will be moving in slow leak. very heavy rain overnight.

ka haag of the

>> this is about the children. " >>pam: things got heated outside of the los angeles elementary school. angry parents gathered outside of the serramonte elementary school following the recent arrest of two teachers accused of lewd acts against children. one of the teachers was arrested last week, accused of taking bondage photographs of children among other things. he was removed from the classroom in january. on friday, a second teacher was arrested, accused of fondling to young girls in the classroom. just moments ago, the superintendent of the school district announce that the entire faculty at the mellon--the entire faculty at the elementary school will be removed. the superintendent says that staffers are being replaced because staffers require support to get through this

scandal. the entire staff has been trained to come into the classrooms to take over teaching. >>pam: another teacher has been charged with five counts of drug cruelty and four counts of battery, all of which are misdemeanors. the battery allegedly happens on school grounds. she todd developmentally disabled and autistic children at roosevelt elementary. police say the ongoing abuse involved 24 year-old boys on campus but was not sexual in nature. the teacher turned herself and and is out of $15,000 bail. the school district has

placed on administrative leave. if >> police are piecing together several shootings that occurred over the past few days. at 1:00 a.m. a man was shot, he died at a hospital, one suspect was arrested on the scene. 64 recovering from a sunday afternoon drive-by shooting. the course of interest has been detained. another student on telegraph, one man heard there. in another shooting a man claims he was shot somewhere in west oakland but is not cooperating with police. none of the victims suffered life-threatening your--less threatening injuries. >>jaqueline: here is a look

at storm tracker 4 raider. there rain is offshore. bob will her and let us take a look at the rain approaches. moderate rains those moving over san rafael, oakland. the santa cruz mountains. in a few light showers before heavier rain roles in. his this the commute will die down a little bit by 8:00 p.m.. the rain hours a year it

will increase just a little bit, especially over in san francisco. into tomorrow, the evening, dry conditions in if wallace in editions fears of weekend. first come and we will tell

you which commercials court. that is coming later in the broadcast.

first run warm arm and why

>>pam: more to add jobs are coming to sentences. river bed technology have moved their moving to san francisco. the company will move in 600 it tech jobs for. they are the newest tech company to move to the city. >>pam: in oakland, part of an east oakland liquor store came crashing down, he conceded damage. hundreds of bricks fell down on clyde waffling and no one was hurt. the building is believed to

be about 75 years old.

>>pam: antedate tempers flared between occupy

protesters and police, this as the occupy group held a day of action in support of protesters who had been arrested in recent weeks. >> it is about steady in solidarity, defending ourselves and standing up for the larger community in oakland. >>pam: the group started outside of oakland city hall and then marched to the courthouse. >> right now it is quiet outside of oakland city hall the different story on monday as police used a new tactic against the occupy group. >> you are violating the oakland municipal code. >> police warned protesters about the use of sound equipment, something not allowed without a permit.

minutes later when no permit surface, officers went into action. soon after finding the right climate, tempers flared. protesters surrounded officers and then, there was pushing and yelling. >> if you are embarrassing. >> it is in accordance and notes that the protest was much more peaceful the law we have seen in recent weeks. no one arrested or injured. >>pam: there was a counter protest by a group of people will have formed their own movement.

75 people who say they represent oakland is silent majority. they gathered on the steps of city hall and sounded off about their frustration with the occupy oakland movement. >> we are here to stand for oakland. >> this is about taking care of our city. we do not want our city to be a target. >> i would like toccoa what political statement it was to go in and trash city hall. how does that further the agenda? >> lately meetings have ended up in discussions asking what can we do. we decided to make a stand for oakland. if it works out well off and people, al, if we can get people to come out to support their city. >>pam: members of the eyes differ oakland groups say they are the 99% and agree with the original occupy wall street message.

>>pam: thousands of people around the world has been watching live seeds of the occupy movement. gabe slate has more to find out the protesters motivation for doing this in the technology he's using. >> he is using the latest in technology to transform himself into a one-man citizen journalists. his life's dream steered it through history. he has his own channel there. >> items streaming to the samsung galaxies on may 5th t mobil. >> his smart phone is his video camera. the allied a video image goes from his smart phone to his lead.

>> it has the fastest of look reads the you can get on the market. >> he has a massive power source. >> this leaves me a coward all the long. this is a couple thousands of dollars worth of equipment. >> he has been all over coverage of these protests. journalist in this movement. i have lost my home and everything else. i travel living from couch to hotel room and the bonds held on. it is a tough life. psittacine journalists provide an unbiased, non- partisan look at what is going on. i saw the need for someone to be on the grounds giving inaccurate story of what was going on. no other avenue was providing raw uncensored footage.

i wanted to fight back against a system that pretty much robbed her life. >> when he strains live, thousands of people tune in. >> every day i get a key messages. >>gabe: he makes no money from this. he is funded through donations. >> i'd love to helping to free about change in the love playing with my electronics. >>jaqueline: we are continuing to track rain. xi the rain is going to be moving into the overnight hours. plenty of rain on shore. we do have spots of rain over the bay area but nothing hitting the ground just yet.

more on the morning commute coming up. for >>pam: new-line details tonight, money is being raised for a billboard stemming from domestic violence charges against ross mirkirimi. the advocacy group for domestic violence victims is hoping to raise $4,000 for this billboard.

it would go up near the hall of justice, this statement about domestic violence is not being a private matter is in reference to comments that mirkirimi made about his case. he is set to go to trial later this month. police released a sketch of this man that they say is behind a hate crime. he is described as a heavyset hispanic male in his 20s. five physics and just look like here and brown eyes. police say that he and two others are responsible for a racially motivated attack in east san jose. >> police tell kron4 that it was a violent and brutal attack. as the victim was driving away from the parking lot, that is where the suspect approached him and started attacking him.

>> the victim had a broken jaw and broken teeth. while the victim was seated in his car into the suspect was striking him with the liquor bottle, they really out that he is a terrorist. anyone can be targeted for religion, ethnicity or whatever the category. we have a very diverse community in san jose and people should not be afraid that they will be targeted. >>pam: take a look at the numbers. a total of 32 hate crimes in san jose last year. 11 of those were racially motivated. 10 of those were based on

sexual orientation and five instances of ethnic and religious hate crimes and one based on disability. bar owners and walnut creek spoke out after a weekend of increased patrols. police were cracking down after a string of fights outside of bars of the weekend of january 28th and 29th. this past weekend to run a major incidents in the bar owners say they would like to keep things that way. they say that they're implementing their own ways of enforcing responsible drinking. >> no one has as much to lose as we do. this is our livelihood. we do not want to have anything. the best thing for us is not having any police involvement. we really want to step up to the plate in to be a part of this problem solving situation. >> bar owners say they're

sensitive to the issues of night life safety and want to work with police to get something done sooner rather than later. in the year 2013, there'll be 85 and the four plastic bags and 255 after that.

>>pam: is there francisco is topping a new list but it is not one that residents will be happy about. kiberlee sakamoto is here to

tell us why. >> it all comes down to parking and pesky tickets. a new survey compared parking meter rates in and finds in 40 cities across the country. san francisco and new york share their top spots for steepest signs. out of the bay area cities, oakland charges $58 sphere if you are caught with an empty meter. san jose is the cheapest in the bay area at $35. in st. louis and illinois, the fine for a new violation is just $10.

>>pam: former super bowl champion linebacker desmond dish of rice on the big game with gary radnich. which suitable as were the big winners? we have an executive who weighs in with. next.

>>jaqueline: we are starting to see more widespread rain. it is going to continue through the 1:00 p.m. hour and then become more widespread. into the 4:00 p.m. hour, moderate for the north bay and delta continuing through the 6:00 hour. as we had through the later morning hours, the moderate rain will not be as widespread. in the clock tower, moderate rain over nafta and santa rosa. lighter showers elsewhere. the moderately in cells will be hit or miss into tomorrow.

fifth year is what you're rainfall totals look like. we also have a wounded by three in effect. -- we also have a wind advisory in effect. monday, a slight chance of rain returns. >>gary: nba history in philadelphia, called the

bryan surpassed shaquille o'neal for fifth place all- time in scoring. a day after the super bowl the raiders made it a little bit of news. there are very used to coach for the 49ers, he is our new defensive coordinator. he has a master's degree in biochemistry and molecular biology.

>> the ball was right there. i just have to make the plague. it is a play i have made a thousand times. i let the team down. >> he is a hell of a player. i will keep throwing the ball and for as long as i can. he is a phenomenal player and team me. brady's wife is a part of today's conversation. desmid bishops joined us earlier. >>gary: let's start with his wife. my husband cannot throw the ball and catch the ball at the same time. i cannot believe the drop the ball so many times.

would you want your woman talking like that? >> absolutely not. we are the ones out there playing. i do not think it was right of her to say that everyone is entitled to their own opinion. >> we are a better team but the better team does not always win.

>>gary: bob dorfman joint as early, a national expert on superbowl advertisements. >> there is so much social media going on. you see the spots leading up to the game, by the time the game happens, everything is anticlimactic.

>>gary: we also have a dear readers with a dog bryan of an owner. >> there were many dull commercials siri this will lead best said it was created by nonprofessionals. >>gary: clint eastwood for detroit voters.

>> detroit is showing us that it can be done. what is true about them is true about all a serious this country cannot get knocked out in one punch. >> clint eastwood giving a halftime pep talk to america. >>gary: speaking of halftime, i really enjoyed this. you could not take your eyes off of the screen. >>pam: i thought it was great staging. >>gary: they had seven minutes took the stage and seven minutes to take it off. >>gary: they did not pay her to perform.

>>pam: goodnight everyone. we will see you at 11:00 p.m..